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Mark E. McKinnon

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Matthew J. Clark

703.336.8714

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mmckinnon@mckennalong.com

mclark@mckennalong.com

June 30, 2015

To Whom it May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) 

and 14 C.F.R. Part 11, Embry-Riddle Aeronautical University (hereinafter sometimes referred to as 

"ERAU" or "the Petitioner") hereby applies for a Grant of Exemption from the Federal Aviation 

Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., small 

unmanned aircraft systems or UAS) for the purpose of conducting aerial data collection, including 

aerial imaging and remote sensing and surveying, in support of its general education, flight training 

and research and development activities. ERAU respectfully submits that this Petition for Exemption 

qualifies for expedited approval, as the Federal Aviation Administration (FAA) has previously 

issued grants of exemption in circumstances similar to those presented herein.

In addition to this Petition for Exemption, ERAU will also submit the following documents:

 The University UAS Operations Manual;

 Latitude Engineering HQ-40A Data Package; and

 Mikrokopter Data Package.

 ERFC UAS Data Package 

ERAU submits this material as a confidential documents under separate cover pursuant to 14 C.F.R. 

§ 11.35(b), as the material contains confidential commercial and proprietary information that ERAU

has not and will not share with others. The information contained in the documents is not generally 

available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. 

§ 552 et seq.

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Embry-Riddle Aeronautical University for Grant of Exemption 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012
 

U.S. Department of Transportation

June 30, 2015

Page 2

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

PAGE

I. BACKGROUND & DESCRIPTION OF PETITIONER................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...........................................................................4

III. RELEVANT STATUTORY AUTHORITY .................................................................................5

IV. ERAU'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT ...................................................................................................5

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability.............................................................................................5

B. Approval is Warranted Based on the Operational Restrictions in ERAU's 

Operating Documents ..............................................................................................7

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT......................................................8

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements ...........................................................................................................9

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections........................................................................................10

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, 

Recreational and Sport Pilot Medical Certificate, Privileges and 

Limitations.............................................................................................................10

D. 91.7(a): Civil Aircraft Airworthiness.....................................................................12

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration ...................................12

F. 91.103: Preflight Action.........................................................................................13

G. 91.109(a): Flight Instruction ..................................................................................13

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas..............14

I. 91.121: Altimeter Settings.....................................................................................14

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions................................15

VI. DRUG AND ALCOHOL PROGRAM ......................................................................................16

VII. PUBLIC INTEREST..............................................................................................................16

VIII. PRIVACY ............................................................................................................................16

IX. FEDERAL REGISTER SUMMARY........................................................................................17

X. CONCLUSION .....................................................................................................................17
 

U.S. Department of Transportation

June 30, 2015

Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

In 1926 T. Higbee Embry and John Paul Riddle initiated education and training for airplane 

pilots. This ninety year tradition of leading aviation education, research, practice, and engineering 

translates directly into an ability to fashion technologies and processes that are necessary for the 

practical adaptation, integration and application of unmanned systems in flight. In 2011 ERAU

initiated education and training for UAS operators. 

ERAU is an international leader in UAS operations, piloting, and engineering. The Daytona 

Beach campus has the largest collegiate Unmanned Aircraft Systems Science (UASS) degree 

program in the nation. Graduates from the UASS degree program are serving as operator 

crewmembers, mission planners, analysts, project managers, safety officials, field engineers, 

business developers, maintainers, and logistics managers for unmanned UAS operators, both 

domestically and internationally. Graduates from the University’s UAS related engineering programs 

are working to fully integrate unmanned aerial vehicles into everyday life. Additionally, the 

University’s Master of Science of Unmanned and Autonomous Systems Engineering is actively 

engaged with engineering education and research to meet industry needs for UAS professionals.

ERAU seeks to expand knowledge for the science and art of UAS. Faculty, staff, and 

students are creating systems, developing flight operations, and standardizing procedures that will 

move UAS activity into human daily life. Application of UAS will span an expansive range of 

purposes, including agriculture, traffic monitoring, environmental monitoring, search/rescue

operations, customs payload scanning, immigration enforcement, pipeline/power lines monitoring, 

firefighting service, sport casting, cellular networking, meteorological services/research, fisheries 

monitoring, law enforcement, and entertainment. 

ERAU is an independent, nonsectarian, not-for-profit, coeducational institution. ERAU 

serves culturally diverse students seeking careers in aviation, aerospace, engineering, and related 

fields. Residential campuses in Daytona Beach, Florida, and Prescott, Arizona, provide education in 

a traditional setting, while the Worldwide Campus provides instruction at more than 150 locations in 

the United States, Europe, Asia and the Middle East as well as through online learning. Today, 

ERAU leads the world in aviation and aerospace higher education.

Consistent with and in furtherance of the University's quest to expand the science and art of 

UAS, ERAU seeks an exemption for commercial operations of small UAS for the purpose of 

conducting aerial data collection.

In accordance with 14 C.F.R. § 11.81(a), ERAU provides the following information in 

support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Tim Brady, Ph.D.

 Dean, College of Aviation

 Embry-Riddle Aeronautical University
 

U.S. Department of Transportation

June 30, 2015

Page 4

 600 S. Clyde Morris Blvd

 Daytona Beach, FL 32114-3900

 Phone: (386) 226-6457

 Email: bradyt@erau.edu

II. DESCRIPTION OF PROPOSED OPERATION

ERAU seeks an exemption pursuant to Section 333 of the Reform Act to use a number of 

different UAS platforms for aerial data collection in support of its general education, flight training 

and research and development activities. The proposed operations will support flight training 

activities for UAS operators at ERAU's College of Aviation and aeronautical engineer research, 

design and development activities at ERAU's College of Engineering. The proposed operations will 

also provide support for ERAU's general education activities relating to how UAS can be used in 

support of a wide range of applications. By way of example, general education activities supported 

by the proposed operations includes, but is not limited to: agriculture, traffic monitoring, 

environmental monitoring, search/rescue operations, customs payload scanning, immigration 

enforcement, pipeline/power lines monitoring, firefighting service, sport casting, cellular 

networking, meteorological services/research, fisheries monitoring, law enforcement, and 

entertainment. Finally, aerial data collected by ERAU's UAS would also be used to promote and 

market ERAU, as well as support student recreational and sport activities.

ERAU is committed to maintaining the highest standards of flight safety, and will leverage 

its knowledge and experience gained operating UAS under Certificate of Waiver or Authorizations 

(COAs) in partnership with the Daytona Beach Police Department1and the Volusia County 

Department of Aviation and Economic Resources2to ensure that the proposed operations are 

conducted safety. All UAS operations will be performed in accordance with the accompanying 

ERAU operating documents, and in accordance with the requirements of an applicable COA. Among 

other things, and as detailed in the operating documents, all UAS operations will occur in 

uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, and will 

be limited to daytime VFR conditions. Moreover, ERAU's operating documents incorporate 

redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The 

FAA has previously issued grants of exemption to use small UAS for aerial data collection in 

support of similar education, training and research activities, including:

 Exemption No. 11552 to Sinclair Community College to conduct educational research 

and training (Docket No. FAA-2015-0374);

 

1

See COA No. 2013-ESA-22 issued to Daytona Beach Police Department.

2

See COA No. 2014-ESA-8 issued to Volusia County Department of Aviation and Economic 

Resources.
 

U.S. Department of Transportation

June 30, 2015

Page 5

 Exemption No. 11304 to Auburn University Aviation Center to conduct training courses 

to instruct students in the operation of unmanned aircraft and their associated systems. 

(Docket No. FAA-2014-1014); and

 Exemption No. 11265 to the City of Roswell Coalition to perform research, development 

and validation of a formal UAS training curriculum (Docket No. FAA-2014-0732).

The low-risk UAS operations proposed by ERAU in this Petition for Exemption fall squarely 

within the category of aerial data collection that has been subject to previous approval. 

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the 

FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to 

do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 –

44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) 

would benefit the public as a whole, and (2) would not adversely affect safety (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the existing rules).

See 14 C.F.R. § 11.81 (petitions for exemption).

IV. ERAU'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

ERAU's proposed operations in this Petition for Exemption qualify for expedited approval 

under Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are 

satisfied and the FAA has previously issued grants of exemption in circumstances similar to those 

presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability

The UAS vehicles ERAU intends to use for the proposed operations meet the requirements of 

Section 333 of the Reform Act due to their weight, speed and operational capabilities. ERAU seeks 

to operate the following UAS vehicles for the proposed operations:
 

U.S. Department of Transportation

June 30, 2015

Page 6

 SenseFly EBee

 DJI Inspire 1

 Draganflyer X4-ES

 Latitude HQ-40A

 Mikrokopter Rotorcraft

 Embry-Riddle Aeronatuical University ERFC UAS aircraft variant, serial # 001

The FAA is familiar with and has already determined that three of the commercial off-the-shelf 

vehicles selected by ERAU meet the requirements of Section 333 of the Reform Act due to their 

weight, speed and operational capabilities: the SenseFly eBee, DJI Inspire 1 and Draganflyer X4-ES.

See e.g.,

 SenseFly eBee: Exemption No. 11673 to Aerial Scout Ag Ops Support, LLC; Exemption 

No. 11646 to BioSensing Systems, LLC; Exemption No. 11263 to SenseFly LTD.

 DJI Inspire 1: Exemption No. 11254 to Upward Aerial; Exemption No. 11659 to Fovea 

Aero Systems; Exemption No. 11668 to Sky-Forge Robotics LLC.

 Draganflyer X4-ES: Exemption No. 11557 to HAZON Solutions LLC; Exemption No. 

11424 to AgScan, Inc.; Exemption No. 11281 to Draganfly Innovations, Inc. 

The Latitude HQ-40A, and ERAU's two proprietary vehicles, ERFC UAS aircraft variant, 

serial # 001 and the Mikrokopter Rotorcraft also meet the requirements of Section 333 of the Reform 

Act due to their weight, speed and operational capabilities.

 Latitude HQ-40A: The Latitude HQ-40A is a hybrid quadrotor aircraft that offers an 

innovative and logistically simple solution to the problem of vertical takeoff and landing—it 

combines the vertical takeoff and landing (VTOL) capabilities of a quadrotor and the 

efficiency, speed, and range of a normal fixed-wing aircraft. The Latitude HQ-40A is 

powered by a small 1.5 hp 4-stroke 35cc gasoline engine and carries 5 pounds of fuel. It is 

equipped with an onboard generator and power distribution board capable of delivering 200 

watts to the payload. It has a wingspan of 100 inches and has a maximum takeoff weight of 

approximately 42 pounds (30 lbs empty weight). The aircraft operates at a cruise speed of 45 

knots, has a maximum airspeed of approximately 52 knots, and is capable of sustained flight 

for a period of 5 hours with a nominal 5 pound payload. The aircraft is capable of operating 

on the following frequency bands: 300 MHz UHF, 900 MHz ISM, 1300 MHz, 2.4 GHz ISM, 

or 5.8 GHz ISM. Additional details on the standard specifications and operational features of 

the Latitude HQ-40A are located in the Latitude Engineering HQ-40A Data Package which 

will be submitted as a confidential document under separate cover.

 Mikrokopter Rotorcraft: The Mikrokopter is a proprietary small battery operated rotorcraft 

that is configured to operate with 4-12 electric motors in either a quadcopter, hexacopter, or 

octocopter formation. Depending on the exact configuration, the aircraft weights between 

650 -- 1700g (1.4 – 3.7 lbs), and can carry a payload of 250 – 1000g (0.5 – 2 lbs). The 
 

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June 30, 2015

Page 7

Mikrokopter has a maximum flight time of 8-20 minutes and has a maximum cruise speed of 

29 knots. The aircraft is controlled with a Graupner Radio Transmitter that comes with 

integrated telemetry and operates on a control frequency of 2.4 GHz. Additional details on 

the standard specifications and operational features of the Mikrokopter are located in the 

Mikrokopter Data Package which will be submitted as a confidential document under 

separate cover.

 Embry-Riddle Aeronatuical University ERFC UAS aircraft variant, serial # 001: 

The ERFC is a proprietary small battery operated rotorcraft that utilizes the flight critical 

components of the Mikrocopter, supra. The vehicle has eight blades with a diameter of 14 

inches. The vehicle itself has a total diameter of 42 inches, with a height of 20.5 inches. The

gross takeoff weight of the craft is 11.7 pounds. The vehicle has an operating vertical speed 

of 13.1 feet per second, and a horizontal speed of 16.4 feet per second. Communications 

with the aircraft are conducted on the ISM Region 2 band (902.000 Mhz – 928.000 Mhz. 

The vehicle has redundant safety features including the capability of flight with the failure of 

a motor as well as a lost link procedure. In the event of a lost link, the craft will cease all 

movement and hold position until the pilot is able to re-establish a link with craft. If all 

attempts to re-establish a link fail, the craft will return to a “Home” position which is 

determined by the pilot during the pre-flight calibration procedure

The FAA has found the following shared characteristics of the SenseFly EBee, DJI Inspire 1, 

Draganflyer X4-ES, Latitude HQ-40A, Mikrokopter Rotorcraft, and the Embry-Riddle Aeronatuical 

University ERFC UAS aircraft variant, serial # 001 to warrant approval for a grant of exemption:

 They all weight less than 55 pounds including payload;

 They all have the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control.

The UAS is also able to respond to a loss of GPS or a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. These safety features provide an equivalent level of 

safety compared to a manned aircraft performing a similar operation and mitigate the risk of 

command and control link failures; 

 The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission (FCC) and other appropriate government oversight agency 

requirements; and

 The UAS all operate at a speed of 87 knots or less. 

B. Approval is Warranted Based on the Operational Restrictions in ERAU's 

Operating Documents

The University UAS Operations Manual, technical data packages, and the manufacturer's 

manuals for the selected UAS platforms (hereinafter collectively referred to as "operating 

documents") contain all the procedures and limitations necessary to safely and successfully perform 
 

U.S. Department of Transportation

June 30, 2015

Page 8

the proposed operations. To expedite the FAA's safety assessment of ERAU's proposed UAS 

operations, ERAU has tailored its operating documentsto comply with the conditions and limitations 

imposed on similarly situated petitioners seeking to use small UAS for aerial data collection. See 

e.g., Grant of Exemption No. 11304 issued to Auburn University Aviation Center, Docket No. FAA2014-1014. In particular, the operating documents contain systems and procedures to permit ERAU

to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§ 40101 of the Act, including UAS, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.

3

ERAU seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 

91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and 

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements

61.23(a) and (c), 61.113; 

61.101(e)(4) and (5), 61.315

Private, Recreational and Sport Pilot Medical Certificate, 

Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and 

(b)

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

 

3

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).
 

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June 30, 2015

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91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the 

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought.4

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

ERAU seeks an exemption from the aircraft marking and identification requirements

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that 

exemption from these requirements was warranted provided that the aircraft "have identification (NNumber) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

 

4

See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the 

rule from which you seek exemption.
 

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June 30, 2015

Page 10

practicable."5 All UAS flown by ERAU will bear N-number markings that are as large as practicable 

in accordance with 14 C.F.R. Part 45, Subpart C.6

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

ERAU seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43.7 An exemption from these 

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness 

certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the operating documents and any required manufacturer Safety or 

Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre-flight 

inspection of the UAS and all associated equipment to account for all discrepancies and/or 

inoperable components. Maintenance will be performed and verified to address any conditions 

potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight 

critical components of the UAS have been found to be airworthy and in a condition safe for 

operation. A functional test flight will be conducted following the replacement of any flight-critical 

components. As required by the operating documents, the PIC who conducts the functional test flight 

will make an entry in the UAS aircraft records of the flight. 

The operating documents also include requirements to follow the UAS manufacturer’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. Moreover, the operating documents also include procedures to document and 

maintain a record of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a whole, 

the maintenance and inspection procedures required by Petitioner's operating documents ensure that 

an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational

and Sport Pilot Medical Certificate, Privileges and Limitations

ERAU seeks exemption from these sections, which restricts private, recreational or sport

pilot certificate holders from flying aircraft for compensation or hire, and would also require a 

second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of 

 

5

FAA Docket No. FAA-2014-0352.

6

See, e.g., FAA Docket No. FAA-2014-0352, at 14.

7

See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections 

...have discrepancies repaired as prescribed in part 43 of this chapter.").
 

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any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if 

the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated 

as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial8, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the additional

cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and 

Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to 

become qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates 

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these 

individuals would also be subject to security screening by the Department of Homeland Security 

(DHS), the FAA determined that holders of recreational and sport pilot certificates would be 

qualified to serve as the PIC for UAS operations.9

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under 

Section 333 of the FAA Reform Act. ERAU will operate away from persons and property that is not 

the subject matter of the flight. ERAU will also require all PICs to be thoroughly trained in the 

unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience 

not only in UAS operations generally but have logged flight time in the specific make and model 

used for the operations before they are permitted to participate in commercial flights on behalf of 

ERAU. The pilot qualification, training, and currency requirements in the operating documents 

ensure that ERAU's pilots are competent and proficient in the UAS they are operating. The 

Petitioner's training and qualification requirements are consistent with those contained in prior FAAissued grants of exemption, and will provide a higher level of competency and proficiency for its 

pilots and will ensure at least an equivalent level of safety.

 

8

FAA Docket No. FAA-2014-0352.

9

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs. 

8-9).
 

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D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, ERAU seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition 

to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has 

determined that for the purposes of this exemption the pilot may determine the aircraft is in an 

airworthy condition prior to flight. The operating documents contain procedures which allow the PIC 

to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is 

therefore warranted. 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph (a) of this section or a special flight authorization issued under § 91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) 

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is 
 

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Page 13

operating the aircraft.10 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule 

is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level 

of safety will be achieved by ensuring that the pilot has access to the documents at the ground 

control station from which he or she is piloting the UAS.11 

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved 

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify 

any defects or inoperable components, which cover pre-flight, take-off, landing and post-flight 

procedures. The PIC will also be required to review weather, flight requirements, battery charge, 

landing and takeoff distance, UA performance data, and contingency landing areas—before initiation 

of flight. Petitioner's operating documents will be kept at the ground control station and will be 

accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." UAS and remotely piloted 

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a device that communicates with the aircraft via radio communications.

Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 

91.109(a).

 

10 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation 

and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. 

FAA-2014-0352 at 16-18.

11 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight 

manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: 

Certifications required. The FAA has previously determined that relief from these 

sections is not necessary. See Exemption No. 11062. Relevant materials may be kept 

in a location accessible to the PIC in compliance with the regulations.
 

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Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard the 

UAS, and as required by the operating documents, all persons will be a safe distance away in the 

event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training 

will be conducted in controlled and sterile environment. As a whole, the procedures provided for in 

the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

ERAU requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).

12 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure 

in non-congested areas. See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to occur 

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or 

Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with 

rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel with the UAS, any risk associated with these operations is far less than those that 

presently exist with conventional aircraft.

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, 

as well the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating 

documents, the UAS will be operated in a controlled environment, and all flights will occur at a 

lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position 

where he or she is shielded from the UAS and any possible debris resulting from UAS failure.

Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating 

person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at 

least 500 feet away from vehicles or structures unless the property owner/controller has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those objects,

and operations near the PIC or Observer will not present an undue hazard per § 91.119(a).

Adherence to these restrictions in ERAU's operating documents will ensure the proposed operations 

can be conducted without compromising safety to persons or property on the ground. 

I. 91.121: Altimeter Settings

To the extent necessary for ERAU to conduct the proposed operations, Petitioner requests an 

exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain 

 

12 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an 

emergency landing without undue hazard to persons or property on the ground in the event of a 

failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an 

exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to 

Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA-2014-0534 ). 
 

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cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure 

airport or barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or 

below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.13

The UAS that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics. Moreover, the operating documents require the PIC to calibrate the 

aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances 

similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures 

contained in the operating documents, ensure that an equivalent level of safety will be achieved, and 

a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

ERAU requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from 

the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in 

daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption.

14

In Exemption No. 11213 to Aeryon Labs, Inc.15, the FAA determined that a requirement prohibiting 

the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) 

there was enough available power for UAS to operate for the intended operational time and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 

 

13 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).

14 See e.g., Exemption Nos. 8811, 10808, and 10673.

15 Docket No. FAA-2014-0642.
 

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91.151(a).

16 Petitioner's operating documents impose this same requirement and an exemption from 

§ 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate.

VI. DRUG AND ALCOHOL PROGRAM

ERAU will have policies in place to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting ERAU's Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe 

working environments such as those proposed in this Petition. Granting this Petition for Exemption 

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA 

Administrator's assessment of whether certain UAS may operate safely in the NAS before 

completion of the statutorily required rulemaking.

Beyond increased levels of safety, the public stands to benefit enormously from the

education, training, and research activities and programs supported by the proposed operations in 

this Petition for Exemption. ERAU is dedicated to developing and advancing operating procedures 

and systems that will move UAS activity safely into human daily life. Whether it is studying how 

UAS can assist with search and rescue operations, or researching ways for farmers to produce better 

crops in a more sustainable and environmentally conscious manner, the public as a whole will 

benefit the information gathered and studied as part of the education and research programs 

supported by the proposed operations in this Petition for Exemption. The public will also benefit 

from the UAS education and training provided to students who will become tomorrow's UAS 

operators, mission planners, analysts, project managers, safety officials, field engineers, business 

developers, and logistics managers for unmanned UAS operators.

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or 

local laws regarding privacy. ERAU will not conduct flight operations over property that it does not 

own or control without the prior consent and knowledge of the property owner.17 

 

16 Exemption No. 11213 at pg. 12.

17 In anticipation of receiving a Section 333 Grant of Exemption, ERAU has entered into a 

Memorandum of Understanding (MOU) with Mr. Bill Coe which will allow ERAU to utilize Coe 

field (8FA4) for UAS operations for a period of 24 months, beginning in August, 2015. The MOU 

between ERAU and Mr. Bill Coe is located in Attachment A. 
 

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IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 

91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or, 

rotorcraft for aerial data collection in support of ERAU's education, training, research and 

development programs and activities.

X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in 

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar 

in all respects to those presented by ERAU in this Petition for Exemption. In consideration of the 

foregoing, this Petition for Exemption provides the FAA with all the necessary justification for 

granting the requested exemptions allowing ERAU to operate small UAS for the purpose of aerial 

data collection.

 

We thank you for your prompt consideration of our requested exemptions. Should you have 

any questions, or if you need additional information to support the requested exemptions, please do 

not hesitate to contact us.

Very truly yours,

Mark E. McKinnon

Matthew J. Clark

Counsel for Embry-Riddle Aeronatuical 

University

Attachments
 

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Attachment A
 

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(The following attached item will be submitted under separate cover as it contains proprietary 

and commercial information exempt from disclosure under the Freedom of Information Act, 5 

U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)). 

Attachments: 

 The University UAS Operations Manual

 Latitude Engineering HQ-40A Data Package 

 Mikrokopter Data Package

 ERFC UAS Data Package